Tender Sleep Warranty

1. Tender Sleep Mattress Warranty

WARRANTY OVERVIEW

Tender Sleep (“Tender Sleep Mattress,” “we,” “us”) provide the original owner/purchaser of our product (“you”) with a 10-year limited warranty (“Warranty”) against certain product defects for the original owner’s ownership and use. In the event of a defect, we will repair the defect or replace it with a then-current comparable model and size of your Tender Sleep mattress.

1. During your first 10 (ten) years of owning your Tender Sleep, should a defect in workmanship or materials arise, we will either repair any issue causing the mattress defect or replace your bed with a brand new Tender Sleep Mattress, free of charge.

2. To qualify for the Tender Sleep Warranty:
2.1. The original owner must still own the Tender Sleep.
2.2. Your mattress must be used on an appropriately sized and suitable bed frame or base.
2.3. The warranty will not cover the mattress if it has been abused, burned, misused, or damaged by improper use.

3. Tender Sleep mattresses contain only the finest quality materials to provide the most optimum sleeping surface. As with all premium sleep products, certain adaptations will take place as your mattress adjusts to your body shape. This is to be expected and is part of the performance of your mattress. Normal body impressions (not greater than 1.5”) are not defects and are not covered by the warranty. Excessive body impressions of greater than 1.5” are covered by the Warranty. The Tender Sleep Mattress will be the most comfortable mattress you ever owned if setup on a suitable basic frame with no more than 3 inches between slats, a box spring or flat floor.​

Tender Sleep WARRANTY ELIGIBILITY
This limited warranty applies to the original purchasers of the Tender Sleep mattress from Tender Sleep stores, online or authorized retailer. This Limited Warranty is not transferable to any subsequent owners of such mattress. Please retain a copy of your receipt as proof of purchase and owner. If the original purchaser sells or otherwise relinquishes ownership
of the mattress to another, this Warranty terminates, and the subsequent owner accepts the product "as is" and "with all faults."​

WARRANTY COVERAGE
The Tender Sleep Mattress Warranty covers all defects as defined below for as long as you own your Tender Sleep mattress.​

A. Covered Defects

1. Visible indention or sag of the foam mattress greater than one and one half (1.5) inch that is not a result of improper use, an improper bed, bed base or foundation.​

2. A manufacturing flaw in the cover zipper - this does not include zipper breakage resulting from improper or overuse of zipper.​

3. A physical flaw in the construction of the cover, such as fabric tearing or stitch unraveling that does not result from improper use.​

B. What is not covered

Problems and issues that result from normal wear and tear or improper use are not subject to this Limited Warranty. The intended use of your foam mattress is for sleeping, resting, and laying on, any other use of this mattress shall be considered misuse of the mattress and will void your Limited Warranty. Exclusions from the Limited Warranty include but are not limited to:​

1. Normal wear and tear.​

2. Any improper use of the mattress.​

3. Minor imperfections such as slight cosmetic flaws.​

4. Any physical damage to the foam, stains, tears, burns, and discoloration that occur over time and/or are caused by you.​

5. Indents, sagging, or body indentations less than one and one half (1.5) inch deep.​

6. Personal opinions or preferences regarding the softness, firmness or attributes of a mattress.​

7. A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.​

8. Mattresses sold "as-is," "preconditioned," "reconditioned," "used," "returned," "previously owned," or any other similar wording indicating that the Mattress is not "new" or of "first quality," or has previously been purchased or used by another consumer.​

9. Any mattress purchased from a non-authorized Tender Sleep distributor.​

10. Allergies or sensitivities to fabrics or materials.​

11. Damage caused by animals, rodents or children.​

12. Naturally occurring aromas from foam, cotton, or other materials.​

HOW TO MAKE A WARRANTY CLAIM
To make a claim under this Warranty, please contact us at support@tendersleep.com and email us the following:

1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect;​

2) proof of purchase (such as your order number or an original dated sales receipt)

Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the mattress before accepting a particular claim under this Warranty.​

WARRANTY REMEDY
In the event that we in our sole discretion determine that your Defect is legitimate as per this Limited Warranty, your sole remedy will be a repair or replacement of your mattress with a comparable size and model mattress. In the event that your size and/or model is discontinued, we will provide the most comparable Tender Sleep mattress product available as a replacement at our sole discretion.

WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction. To the extent permitted by law, this warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects. In so far as such warranties cannot be disclaimed, tender sleep limits the duration of such warranties to the shorter of either a) the duration of this written warranty, or b) any maximum duration for implied or statutory warranties provided by statute. Some states do not allow exclusions or limitations on how long an implied warranty may last, so the above limitation may not apply to you. Tender sleep limits the remedies for such warranties to, at tender sleep's option, the repair or replacement services described herein.to the maximum extent permitted by applicable law and except as set forth in this limited warranty, in no event will tender sleep or its suppliers be liable for procurement of substitute products or other special, incidental, consequential or indirect damages arising out of or related to the tender sleep mattress or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability or otherwise. This limitation will apply even if tender sleep has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. Tender sleep's total liability will not exceed the purchase price paid for the mattress giving rise to such liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

ARBITRATION
In the event a dispute arises between you and Tender Sleep arising out of this Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879. Arbitration will take place in Orlando, FL. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. The AAA may require information related to your product including purchase information. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public, and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators' award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. Any dissenting decision will also be set forth in writing. The arbitrators' award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. You must seek arbitration for disputes arising out of this Limited Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required by the Magnuson¬Moss Warranty Act.

GOVERNING LAW
This Limited Warranty will be governed by the laws of the State of Florida.

Tender Sleep (“Tender Sleep Foundation,” “we,” “us”) provide the original owner/purchaser of our product (“you”) with a 5-year limited warranty (“Warranty”) against certain product defects for the original owner’s ownership and use.

1. In the first year you are eligible for free replacement of parts, and complete replacement if applicable.

2. Complete replacement will be determined by manufacturer only.

3. In the next 4 years we understand normal wear and tear will be determined what parts will be replaced.

4. All warranty claims will be voided if product is not used as purchased or if alterations have been made to product.

Tender Sleep WARRANTY ELIGIBILITY
This limited warranty applies to the original purchasers of the Tender Sleep foundation from Tender Sleep stores, online or authorized retailer. This Limited Warranty is not transferable to any subsequent owners of such foundation. Please retain a copy of your receipt as proof of purchase and owner. If the original purchaser sells or otherwise relinquishes ownership
of the foundation to another, this Warranty terminates, and the subsequent owner accepts the product "as is" and "with all faults."​

WARRANTY COVERAGE
The Tender Sleep Foundation Warranty covers all defects as defined below for as long as you own your Tender Sleep foundation.​

A. What is covered

1. In the first year you are eligible for free replacement of parts, and complete replacement if applicable.

2. Complete replacement will be determined by manufacturer only.

3. In the next 4 years we understand normal wear and tear will be determined what parts will be replaced.

B. What is not covered

Problems and issues that result from normal wear and tear or improper use are not subject to this Limited Warranty. Exclusions from the Limited Warranty include but are not limited to:​

1. Normal wear and tear.​

2. Any improper use of the foundation.​

3. Minor imperfections such as slight cosmetic flaws.​

4. Any physical damage to foundation, and discoloration that occur over time and/or are caused by you.​

5. Foundation sold "as-is," "preconditioned," "reconditioned," "used," "returned," "previously owned," or any other similar wording indicating that the Foundation is not "new" or of "first quality," or has previously been purchased or used by another consumer.​

9. Any foundation purchased from a non-authorized Tender Sleep distributor.​

10. Allergies or sensitivities to fabrics or materials.​

11. Damage caused by animals, rodents or children.​

HOW TO MAKE A WARRANTY CLAIM
To make a claim under this Warranty, please contact us at support@tendersleep.com and email us the following:

1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect;​

2) proof of purchase (such as your order number or an original dated sales receipt)

Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the mattress before accepting a particular claim under this Warranty.​

WARRANTY REMEDY
In the event that we in our sole discretion determine that your Defect is legitimate as per this Limited Warranty, your sole remedy will be a repair or replacement of your foundation with a comparable size and model mattress. In the event that your size and/or model is discontinued, we will provide the most comparable Tender Sleep product available as a replacement at our sole discretion.

WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction. To the extent permitted by law, this warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects. In so far as such warranties cannot be disclaimed, Tender Sleep limits the duration of such warranties to the shorter of either a) the duration of this written warranty, or b) any maximum duration for implied or statutory warranties provided by statute. Some states do not allow exclusions or limitations on how long an implied warranty may last, so the above limitation may not apply to you. Tender sleep limits the remedies for such warranties to, at tender sleep's option, the repair or replacement services described herein.to the maximum extent permitted by applicable law and except as set forth in this limited warranty, in no event will Tender Sleep or its suppliers be liable for procurement of substitute products or other special, incidental, consequential or indirect damages arising out of or related to the tender sleep mattress or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability or otherwise. This limitation will apply even if Tender Sleep has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. Tender Sleep's total liability will not exceed the purchase price paid for the foundation giving rise to such liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

ARBITRATION
In the event a dispute arises between you and Tender Sleep arising out of this Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879. Arbitration will take place in Orlando, FL. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. The AAA may require information related to your product including purchase information. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public, and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators' award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. Any dissenting decision will also be set forth in writing. The arbitrators' award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. You must seek arbitration for disputes arising out of this Limited Foundation Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required by the Magnuson¬Moss Warranty Act.

GOVERNING LAW
This Limited Warranty will be governed by the laws of the State of Florida.